Section 39

Residents not to apply for patents outside India without prior permission

1 - No person resident in India shall, except under the authority of a written permit sought in the manner prescribed and granted by or on behalf of the Controller, make or cause to be made any application outside India for the grant of a patent for an invention unless

1(a) - an application for a patent for the same invention has been made in India, not less than six weeks before the application outside India; and

1(b) - either no direction has been given under sub-section (1) of section 35 in relation to the application in India, or all such directions have been revoked.

2 - The Controller shall dispose of every such application within such period as may be prescribed: Provided that if the invention is relevant for defence purpose or atomic energy, the Controller shall not grant permit without the prior consent of the Central Government.

3 - This section shall not apply in relation to an invention for which an application for protection has first been filed in a country outside India by a person resident outside India.